Revision: Dec. 21, 2021, 10:43 a.m.
HB 1584-FN - AS INTRODUCED
2022 SESSION
22-2510
08/05
HOUSE BILL 1584-FN
SPONSORS: Rep. Ladd, Graf. 4; Rep. Pearl, Merr. 26; Rep. Graham, Hills. 7; Rep. Cordelli, Carr. 4; Rep. Luneau, Merr. 10; Sen. Hennessey, Dist 1; Sen. Prentiss, Dist 5; Sen. D'Allesandro, Dist 20
COMMITTEE: Environment and Agriculture
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ANALYSIS
This bill establishes a capital improvement grant program and fund for the benefit of state and agricultural fairs.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2510
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; State Fairs, Capital Improvement Grant Act. Amend RSA by inserting after chapter 426-A the following new chapter:
CHAPTER 426-B
STATE FAIRS, CAPITAL IMPROVEMENT GRANT ACT
426-B:1 Declaration of Purpose. The general court finds that it is in the public interest to advance, encourage, and protect agricultural fairs including the exhibition of livestock and agricultural produce of all kinds, as well as related arts and businesses. Fair exhibitions are an integral and historical part of New Hampshire that provide an opportunity to educate and promote agriculture to the general public. The state further recognizes the need to support the activities of local youth organizations like 4-H and Future Farmers of America that encourage agricultural awareness and rural economic development. A fair shall be eligible for capital improvement fair grant funds appropriated to the department of agriculture, markets, and food by the general court. The department shall adopt rules pursuant to RSA 541-A relative to procedures for capital improvement grant applications relative to eligible New Hampshire fairs.
426-B:2 Definitions. In this chapter:
I. “Fair” means a member in good standing of the New Hampshire Association of Fairs and Expositions which is intended to promote agriculture and support rural economic development by including a balanced variety of exhibits of livestock and agricultural products as well as related arts and businesses: including products of farm home and educational contests, displays, and demonstrations designed to train youth and to promote agricultural awareness and rural economic development and living.
II. “Department” means the New Hampshire department of agriculture, markets, and food.
III. “Commissioner” means the commissioner of the department of agriculture, markets, and food.
IV. “Fund” means the capital improvement grant fund for fairs.
426-B:3 Capital Improvement Grant Program Fund. There is hereby established the capital improvement grant fund for fairs to be used by the department to assist fairs in the manner provided by this chapter. Only the commissioner of the department of agriculture, markets, and food or the commissioner’s designee may approve applications and authorize expenditures from the program fund. The fund shall be nonlapsing and continually appropriated to the department for the purpose of administering this chapter. Each fiscal year, the state treasurer shall transfer into the capital improvement grant program from the state general fund the sum of $250,000. The fund shall be subject to allotment procedures under this chapter, but no appropriation shall be required for expenditures.
426-B:4 Capital Improvement Program Grant Eligibility Conditions and Criteria. The following conditions and criteria shall be met by a fair to be eligible for a capital improvement program grant allocation awarded by the commissioner. However, the commissioner may make exceptions to the above conditions and criteria. The fair applicant shall:
I. Be a non-profit association located in New Hampshire that is a full member in good standing with the New Hampshire Association of Fairs and Expositions.
II. Annually hold events that offer contests or exhibits of 4-H members and clubs, granges, farm crops, domestic livestock competitions, or homecrafts.
III. Be managed by a board of directors who are responsible for the business affairs and operational activities and policies.
IV. Have a board of directors who are subject to and compliant with local, state, and federal laws and regulations.
V. Have a treasurer who has charge of the financial affairs of the corporation and ensures that grant funds received from a state grant are used in accordance with the applicant's proposal as approved by the department commissioner.
VI. Operate a minimum of 3 consecutive, 8-hour days per year.
VII. Submit a capital improvement project that has a minimum useful life of 20 years and shall be completed within 2 years of execution of a contract to perform work authorized by the grant.
VIII. Contribute matching funds or in-kind services in an amount equal to 15 percent or more of the value of the grant.
IX. Not have already completed the project for which the applicant seeks reimbursement.
426-B:5 Allocations Made.
I. The board of directors of a fair may apply to the department for grant award from the capital improvement grant program fund on forms provided by the department.
II. The commissioner may allocate 95 percent of the capital improvement program fund including fund interest to eligible applicant fairs, and distribute such funds according to merit as measured by a merit rating to be set by the commissioner. This merit rating shall take into account such factors as area and population served, youth participation, attendance, gate receipts, number and type of exhibits, community support, evidence of successful achievement of desired outcomes and purposes of the fair, extent of improvements made to grounds and facilities from year to year, rural and farming nature of the region served by the fair, and overall condition and appearance of grounds and facilities.
III. Any state allocations made under this section shall be made only as an allocation in whole or in part for capital improvement expenses incurred by the fair.
426-B:6 Health or Safety Capital Improvements and Contract Requirements.
I. Subject to the availability of funds, the department may provide grant funds on a competitive basis, to support capital projects that make health and safety improvements to agricultural fairgrounds or fair facilities in order to benefit participants and the fair-going public. The rules of such competition shall be set by the department in accordance with RSA 541-A.
II. The department shall develop and manage appropriate contracts with the selected applicants, monitor project expenditures and grantee performance, report project and contract information, and exercise due diligence and other managerial responsibilities.
III. The department shall include provisions in the contracts which require that capital improvements be held by the grantee for a specific period of time appropriate to the amount of the grant and that facilities must be used for the express purpose of the grant.
IV. The department may use the remaining 5 percent of funds from the annual general court appropriation to the state fair capital improvement program for expenses incurred in the administration of the capital improvement program.
V. All deadlines and times required for program administration and allocation of funds to fairs shall occur at such times as the commissioner may prescribe.
VI. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of New Hampshire general obligation bonds issued most closely to the date of authorization of the grant.
426-B:7 Rulemaking. The commissioner shall adopt rules under RSA 541-A relative to the administration of the capital improvement grant program for fairs.
2 New Subparagraph; Capital Improvement Grant Fund For Fairs. Amend RSA 6:12, I(b) by inserting after subparagraph (382) the following new subparagraph:
(383) Moneys deposited in the capital improvement grant fund for fairs established in RSA 426-B:3.
3 Effective Date. This act shall take effect July 1, 2022.
22-2510
12/15/21
HB 1584-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $250,000 | $250,000 | $250,000 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | $250,000 | $250,000 | $250,000 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Capital Improvement Grant Program Fund | |||
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METHODOLOGY:
This bill establishes a capital improvement grant program and fund for the benefit of state and agricultural fairs.
The Department of Agriculture, Markets and Food indicates there are currently 13 members of the NH Fairs Association. If the funds were distributed evenly, a minimum of $18,270 per year would be available to each fair if all fairs submit applications. However, it is likely that the funding will be conducted on a competitive basis. The Department assumes the program can be operated by an existing position on a part-time basis. The Department assumes the appropriations will be spent each year.
AGENCIES CONTACTED:
Department of Agriculture, Markets and Food